H. B. 3152
(By Delegates Perry, Pino and Stemple)
[Introduced February 21, 2007; referred to the
Committee on the Judiciary then Finance.]
A BILL to repeal §7-8-13 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new
section, designated §31-20-30, all relating to amount,
collection of and refunding of jail processing fees.
Be it enacted by the Legislature of West Virginia:
That §7-8-13 of the Code of West Virginia, 1931, as amended,
be repealed; and that said code be amended by adding thereto a new
section, designated §31-20-30, all to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-30. Jail processing fee.
(a) A person committed to be housed in a regional or county
jail by order of magistrate, circuit judge or by temporary
commitment order shall, at the time of booking into the jail, pay
a processing fee of twenty thirty dollars. If the person is unable to pay at the time of booking, the fee shall be deducted, at a rate
of fifty percent, from any new deposits made into the person's jail
trust account until the jail processing fee is paid in full. The
fee shall be credited as appropriate, to the Regional Jail and
Correctional Facility Authority's or county jail's operating
budget. The fee should be paid prior to the offender being
released.
(b) A refund of a fee collected under this section shall be
made to a person who has paid the fee if the person is not
convicted of the offense for which the person was booked, and the
person provides documentation from the court showing that all
charges for which the person was booked were dismissed, a receipt
for the amount paid, accurate current name and address and a valid
photographic identification. In the case of multiple offenses, if
the person is convicted of any of the offenses the fee may not be
refunded. If the person is convicted of a lesser included offense
or a related offense, no refund may be made.
NOTE: The purpose of this bill is to increase the amount of
the jail processing fee. It also provides language to enhance
collection and refunding procedures.
The bill changes §7-8-13 to §31-20-30.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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